28 u.s.c. section 1331

§1331. Federal question. The district courts shall have orig

In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be …Jan 1, 2018 · Judiciary and Judicial Procedure 28 USCA Section 1331. Read the code on FindLaw 28 U.S.C. § 1331 - U.S. Code Title 28. Judiciary and Judicial Procedure § 1331 | FindLaw Skip to main content For Legal Professionals Find a Lawyer Find a Lawyer Legal Forms & Services Legal Forms & Services Estate Planning

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§1331. Federal question The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. (See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§30–43. See, also, reviser's note under section 1332 of this title.) Words "wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs," were added to conform to rulings of the Supreme Court.43 U.S.C. § 1331. Current through P.L. 117-148 (published on www.congress.gov on 06/16/2022) (a) OUTER CONTINENTAL SHELF.-The term "outer Continental Shelf" means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title, and of which the …With respect to removal pursuant to 28 U.S.C. §1441(a), 28 U.S.C. §1446 sets forth procedures very similar to those contained in Bankruptcy Rule 9027. 28 U.S.C. §§1446(a) and (d) provide as follows: (a) Generally. – A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shallOther provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser's notes under said sections.) Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship. The provisions of section 71 of title 28, U.S.C., 1940 ed., with respect to removal of actions under the Federal Employer’s Liability Act (U.S.C., 1940 ed., title 45, Railroads, §§ 51–60) and actions against a carrier for loss, damage, or delay to shipments under section 20 of title 49, U.S.C., 1940 ed., Transportation, are incorporated ... Article III, Section 1, of the Constitution vests the judicial power in “one supreme Court, and in such ... In particular, 28 U.S.C. § 1331 grants federal district courts “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States”—alsoSection consolidates section 111 of title 28, U.S.C., 1940 ed., with part of section 112 of such title. The portion of section 112 of title 28 , U.S.C., 1940 ed., relating to venue generally constitutes this section and the parts relating to arrest of the defendant, venue and process in stockholders’ actions constitute sections 1401, 1693 ... Although the language of Section 1331 is similar to the constitutional text authorizing the grant of federal question jurisdiction, ... 18 Stat. 470 (codified at 28 U.S.C. § 1331 (a)). The 1875 statute, like the current federal question statute, used language similar to that of the Constitution. Early cases interpreting the statutory language ...A federal defense is not enough to meet statutory requirements for federal question jurisdiction. c. "Well-pleaded complaint"limitation for 28 USC § 1331. i. Court can only look at plaintiff's claim, not potential defenses. ii. Plaintiffs cause of action here is state law breach of contract. Limits on SMJ.Abstract. Section 1331, Title 28 of the United States Code is the general federal question jurisdictional statute, which grants federal district courts with original subject matter jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States."'. This statute grounds the majority of civil actions ... 28 U.S. Code § 2201 - Creation of remedy. In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty ... Title 28; PART IV; CHAPTER 89; Quick search by citation: Title. Section. Go! 28 U.S. Code Chapter 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS . U.S. Code ; Notes ; prev | next § 1441. Removal of civil actions § 1442. Federal officers or agencies sued or prosecuted § 1442a. Members of armed forces sued or prosecutedMar 2, 2017 · While there are many avenues for removal, see, e.g., 28 U.S.C. §§ 1442, 1443, 1444, and 1446, the most common bases for removal are pursuant to the federal court’s jurisdiction provided through either 28 U.S.C. section 1331 or 1332. This article focuses on jurisdiction provided by sections 1331 and 1332. 16 ឧសភា 2016 ... ... 28 U.S.C. § 1331 determines whether federal courts have exclusive jurisdiction under section 27 of the Securities Exchange Act of 1934 (the ...Within that constitutional framework, the current general federal question statute, 28 U.S.C § 1331, grants the federal district courts original jurisdiction of all civil actions arising under …Title 28; PART IV; CHAPTER 89; Quick search by citation: Title. Section. Go! 28 U.S. Code Chapter 89 - DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS . U.S. Code ; Notes ; prev | next § 1441. Removal of civil actions § 1442. Federal officers or agencies sued or prosecuted § 1442a. Members of armed forces sued or prosecutedThe remaining provisions of said section 83 are the basis of section 1448 of this title. Subsection (b) is derived from sections 72, 74, 76 and 83 of title 28, U.S.C., 1940 ed., which have been rewritten to provide the utmost simplicity and flexibility of procedure in bringing the State court record to the district court. [Editorial Note ...Document Citations. Citations available for content in Chicago, APA and MLA format. Citations are generated automatically from bibliographic data as a convenience and may not be complete or accurate. CITE AS: 28 USC 1331. § 1332. Diversity of citizenship; amount in controversy; costs. (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—. (1) citizens of different States; (See annotations under former section 41 1331, substituted ‘‘plant variety protection, copyrights, ma Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023) Section 1343 - Civil rights and elective franchise. (a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of ... Provisions of section 1 of title 28, U.S 16 ឧសភា 2016 ... ... 28 U.S.C. § 1331 determines whether federal courts have exclusive jurisdiction under section 27 of the Securities Exchange Act of 1934 (the ... (See annotations under former section 41

Contained Within. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE. PART IV - JURISDICTION AND VENUE. CHAPTER 85 - DISTRICT COURTS; JURISDICTION. Sec. 1331 - Federal question. Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1345, and 1354 of this title. Provisions of section 80 of title 28, U.S.C., 1940 ed., for payment of costs upon dismissal of an action for lack of jurisdiction are incorporated in section 1919 of this title.Litigation venue and formats Jurisdiction over trademark claims. Federal courts have jurisdiction over trademark and unfair competition claims pursuant to 15 USC Section 1121, 28 USC Sections 1331 and 1338 and the doctrine of supplemental jurisdiction, 28 USC Section 1367.Provisions of section 1 of title 28, U.S.C., 1940 ed., relating to the number of judges in the various districts are incorporated in section 133 of this title. A portion of section 863 of title 48, U.S.C., 1940 ed., is retained in said title 48. For remainder of section 863, see Distribution Table.Contained Within. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE. PART IV - JURISDICTION AND VENUE. CHAPTER 85 - DISTRICT COURTS; JURISDICTION. …

jurisdictional section of title 28 of the United States Code, such as sec- ... claimed under 28 U.S.C. § 1331, the general federal question statute, which ...CITE AS: 28 USC 1331. § 1332. Diversity of citizenship; amount in controversy; costs. (a) The district courts shall have original jurisdiction of all civil actions where the matter in ……

Reader Q&A - also see RECOMMENDED ARTICLES & FAQs. This section consolidates section 223 of t. Possible cause: CITE AS: 28 USC 1342. § 1343. Civil rights and elective franchise. (1) To .

(See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§30–43. See, also, reviser's note under section 1332 of this title.) Words “wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs,” were added to conform to rulings of the Supreme Court.

Based on title 28, U.S.C., 1940 ed., § 394 (Mar. 3, 1911, ch. 231, ... The revised section and section 2071 of this title effect no change in the procedure of the Tax Court before which certain accountants may be admitted as counsel for litigants under Rule 2 of the Tax Court.In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. The federal question jurisdiction statute is codified at 28 …

U.S. Code. TITLE 1 - GENERAL PROVISIONS. TITLE 2 - THE CONGRESS. T (d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension. (e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia ... Document Citations. Citations available for content in Chicago, AOther provisions of section 41(1) of title 28, U.S.C., 1940 ed., §1331. Definitions. In this subchapter: (a) Outer Continental Shelf.-The term "outer Continental Shelf" means- (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and …Pub. L. 96–170, §3, Dec. 29, 1979, 93 Stat. 1284, provided that: "The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment ... Title 5 U.S.C., Sec. 556 and 558(b); "The proponent of the rule 28 USC 1367: Supplemental jurisdiction Text contains those laws in effect on October 19, 2023. ... In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) ...§1331. Definitions. In this subchapter: (a) Outer Continental Shelf.-The term "outer Continental Shelf" means- (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and … Section consolidates section 41(7) with section 371 (5) of tHowever, you can use a different law, 28 U.S.CPub. L. 96–170, §3, Dec. 29, 1979, 93 Stat. 1284, provided that: &quo 23 ឧសភា 2016 ... Manning (2016), the Court interpreted Section 27 to be no broader than the jurisdictional grant in 28 U.S.C. § 1331(a), for claims "arising ... Based on title 28, U.S.C., 1940 ed., § 41(17) 28 U.S.C. § 1331 (2015) §1331. Federal question. The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. ... (See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§30-43. See, also, reviser's note under ...The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology. 14. Id. at 531-32. It should be noted at this point tha[Sep 22, 2023 · (See annotations under former section 41 of title 28Section 8 refers to the Section 8 Housing pr Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser's notes under said sections.) Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship. Pub. L. 96–486, §1, Dec. 1, 1980, 94 Stat. 2369, provided: "That this Act [amending section 1331 of this title and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1331 of this title] may be cited as the 'Federal Question Jurisdictional Amendments Act of 1980'."